Neutral Citation No. - 2025:AHC:146078 Court No. - 83 Case :- CRIMINAL APPEAL No. - 5871 of 2025 Appellant :- Shahjahan Khatoon Respondent :- State of U.P. and Another Counsel for Appellant :- Praveen Kumar Pandey,Yash Talwar Counsel for Respondent :- G.A.,Sheshmani Vishwakarma Hon'ble Shekhar Kumar Yadav,J. 1. In this case notice has already been served upon the informant. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Shahjahan Khatoon to set aside the order dated 02.06.2025 in IVrth Bail Application No. 847 of 25 and to release him on bail in Case Crime No. 351 of 2023, under sections 147, 148, 302, 323, 336, 427, 452, 504, 506 IPC and section 3(2) (V) S.C./S.T. Act, P.S. Gauri Bazar, District Deoria. 3. Heard learned counsel for the appellant, the learned AGA for the State, Sri Abhishek Singh, holding brief of Sri Sheshmani Vishwakarma, for the respondent and perused the entire record. 4. According to the prosecution case, the FIR of the incident has been lodged on the next day stating therein that on the day of incident when the father of the informant was returning to home, the appellant was sitting on cot on the way. When the informant's father said to provide way, they abused him and beaten and also broken the house hold goods of the informant. They also beaten the family members of the informant's family. 5. Submission of learned counsel for the appellant is that the appellant is innocent and has been falsely implicated in this case. The appellant has not committed any offence as alleged in the impugned FIR. Further submission is that the prosecution story is totally false and fabricated. Essential ingredients to constitute the offence under the SC/ST Act are lacking in the matter. Appellant is languishing in jail since 03.09.2023. According to medical report of Smt. Alka Devi, she had four injuries on her body which were simple in nature. The recovered knife has not been sent for forensic examination According to post mortem examination report of the deceased, there were no knife injuries found upon the body of the deceased. The appellant is lady and having no criminal history. Also no specific role has been assigned to her. In the present case there are 36 prosecution witnesses, but only one witness has been examined so far. There is no possibility to conclude the trial in near future. Further submission is that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned A.G.A. as well as learned counsel for the opposite party no.2 opposing the prayer for bail had have submitted that the appellant committed the present offence having knowledge that the victim belonged to S.C./S.T. Community. There is no infirmity or illegality in the impugned order. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 8. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. The Court below erred in rejecting the bail application of the appellant. The impugned order suffers from infirmity and illegality and the same is liable to be set-aside and the appeal is liable to be allowed. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 10. Let the appellant-Shahjahan Khatoon involved in aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 23.8.2025 RPD Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad